CLA-2-94:OT:RR:NC:N4:433
Doug Peck
Lodging by Liberty Inc. dba
Charter Furniture
206 E. Frazier Avenue
Liberty, North Carolina 27298-8289
RE: The tariff classification of a seat from China.
Dear Mr. Peck:
In your letter dated August 12, 2022, you requested binding tariff classification ruling. In lieu of samples, illustrative literature and a product description were provided.
Item number LER0800-214FB-PU, the “Arms Task Chair,” is a manual gas lift, variable height adjustment, tilting and locking swivel seat. The seat is mounted to a polished aluminum metal 5-prong base with five wheeled 2” casters. Seating is provided for a single individual. The seat is constructed of nylon webbing, foam, Dacron fibers, muslin fabric, horizontal channel tufting found throughout the seat foundation and backrest, and is affixed to a metal frame. The metal frame extends from the seat foundation to the seat backrest. The armrests are fixed in height and constructed of polyurethane (PU). The overall dimensions are 23.25” in width, 24.25” in depth, and 37.5”-40.25” in height of which 19.25”-22” exists from the floor to the seat foundation. The seat is packaged unassembled and contains all hardware required for assembly.
The applicable subheading for the subject merchandise will be 9401.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Seats (other than those of heading 9402), whether or not convertible into beds, and parts thereof: Swivel seats with variable height adjustment: Other: Household.” The rate of duty will be free.
Section 301 Trade Remedy:
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9401.39.0010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 9401.39.0010, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. § 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Dharmendra Lilia at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division